Court Refuses Crown’s Motion For New Trial

Press, Volume CI, Issue 29749, 16 February 1962, Page 8

Court Refuses Crown’s Motion For New Trial

(New Zealand Press Association)

AUCKLAND, Feb 15 Mr Justice T. A Gresson today refused a motion by | the Attorney-General for a new trial ot the £40,000 compensation case arising from the death of a wealthy farmer, Robert Bruce May, in a car accident near Kaitaia in May, 1959 In his reserved judgment his Honour recalled that the trustees of the deceased were awarded £19.500 and general expenses of £BO by a jury.

The Judge said the onus establishing that the verdict was unreasonable rested on the first defendant and added. “On a careful examination of the whole of the evidence I conclude that it was competent for the jury, acting conscientiously to exculpate Absolum. the owner of a parked truck struck by the car driven by Constable Colin Alfred Jackson, from any negligence and that, ac-

cordingly, it cannot be said that they failed to perform their duty.” In the action heard in November last the AttorneyGeneral was cited as the first defendant, Bruce Walter Absoltun, of Kawakawa, a contractor, was cited as second defendant and Constable Jackson, of Whangirei, was cited as third defendant. The jury found that, at the time of the accident. May was being taken in Jackson’s car on police business and also found that Jackson had failed to keep a proper look-out. travelling at a speed which, having regard to the circumstances, was excessive.